by The Strulach » Fri May 18, 2012 4:58 pm
I've taken out the phone number, names and contact details. I am posting the letter for the sole purpose of giving people information.
Tel: xx
Fax: xx
Email: xx
Your ref:
Our ref: 405_2004E
Date: 9 May 2012
My Address
Dear Mr MacRobert
RE: Complaint Resolution Procedure- Proposed Determination
Thank you for bringing your issue with Betfair to our attention.
In summary; Isee that Betfair concluded that your account was part of a single betting strategy with 5 other accounts to avoid Premium Charges, and therefore its reason for taking £3,141 from your account as Premium Charge for the activity across all these 6
Betfair accounts. You deny that your Betfair account was used as part of a single betting strategy. You are aggrieved by Betfair's decision to now consider your account for the Premium Charge, including the charge incurred by any of the other 5 accounts or the combined activity across all 6 accounts. You are aggrieved that Betfair has apparently acted as 'judge and jury' on the case, and that they have not allowed you recourse to appeal. You are further aggrieved that they are not giving you any information concerning their investigation.
We held a meeting with Betfair senior management, including a senior manager from their Pricing Team to discuss your issue. They explained to us the methodology they used to establish Premium Charge avoidance. It is apparent that they conducted a thorough investigation and then made a carefully considered decision based on evidence, it is not a decision that they took lightly. I can advise you that only a small number of customers have sought to challenge Betfair's methodology.
Betfair management explained to me that the 6 Betfair accounts were associated by electronic footprint and betting patterns, as well as showing a pattern in the dates and times the accounts were used. Betfair showed us the information and material that they have to conclude that your Betfair account was used in parallel with the other Betfair accounts. We examined this information and material carefully and in detail, and sought further clarifications and explanations from Betfair when and where necessary.
Ihave considered your explanation that you and Mr McBride are lifelong friends who occasionally use each other's devices to access Betfair online when in Aberfeldy or Glasgow,
however, I am afraid that the information and material that Betfair has shows a more deliberate and complex association than this.
Under these circumstances it appears to me that the 6 Betfair accounts, including yours, were used in a way that permits Betfair to apply the Premium Charges as they have done.
It is not in Betfair's interest for details of their back office processes and methods to identify Premium Charge avoidance to be in the public domain, therefore we are unable to disclose further details of their investigation into your case.
To conclude; it appears to us that Betfair has substantial evidence to demonstrate beyond reasonable doubt that your account was part of a group of Betfair accounts employing a strategy to avoid Premium Charges. We believe that Betfair have acted in accordance with their Terms and Conditions. Iam afraid, therefore, that Icannot agree with your claims that Betfair have made a mistake.
This is my Proposed Determination. I am also forwarding Betfair a copy. I am now inviting you and Betfair to comment on this Proposed Determination..It is also. the opportunity for both parties to bring to my attention any facts or issues I may have inadvertently omitted or not considered in my assessment, analysis and conclusion. Please be advised that both parties should submit any representations by the 29 May 2012. I will consider any representations thereafter before issuing my Final Decision on the matter.
Yours sincerely
xx